Proposed Rule2023-14878
Airworthiness Directives; Airbus SAS Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-18-09, which applies to certain Airbus SAS Model A319-111, -112, - 113, -114, -115, -131, -132, and -133; A320-211, -212, -214, -216, - 231, -232, -233, -251N, and -271N; and A321-111, -112, -131, -211, - 212, -213, -231, -232, -251N, and -253N airplanes. AD 2022-18-09 continues to require the actions in AD 2019-26-01 and AD 2021-23-15, and adds airplanes to the applicability. Since the FAA issued AD 2022- 18-09, it was determined that additional airplanes and galleys are subject to the unsafe condition, and a compliance time for certain airplanes should be extended. This proposed AD would continue to require the actions in AD 2022-18-09 and would require expanding the applicability, obtaining and following additional instructions for certain modified airplanes, and extending the compliance time for certain airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45115-45118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14878]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1492; Project Identifier MCAI-2023-00195-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-18-09, which applies to certain Airbus SAS Model A319-111, -112, -
113, -114, -115, -131, -132, and -133; A320-211, -212, -214, -216, -
231, -232, -233, -251N, and -271N; and A321-111, -112, -131, -211, -
212, -213, -231, -232, -251N, and -253N airplanes. AD 2022-18-09
continues to require the actions in AD 2019-26-01 and AD 2021-23-15,
and adds airplanes to the applicability. Since the FAA issued AD 2022-
18-09, it was determined that additional airplanes and galleys are
subject to the unsafe condition, and a compliance time for certain
airplanes should be extended. This proposed AD would continue to
require the actions in AD 2022-18-09 and would require expanding the
applicability, obtaining and following additional instructions for
certain modified airplanes, and extending the compliance time for
certain airplanes, as specified in a European Union Aviation Safety
Agency (EASA) AD, which is proposed for incorporation by reference
(IBR). The FAA is proposing this AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments on this proposed AD by August 28,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1492; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For the AD identified in this NPRM, you may contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#7c3d380f3c191d0f1d5219090e130c1d521909"><span class="__cf_email__" data-cfemail="2564615665404456440b4050574a55440b4050">[email protected]</span></a>; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1492.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3667; email <a href="/cdn-cgi/l/email-protection#1c68757173687465326c3278736b7075727b5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="76021f1b19021e0f5806581219011a1f18113610171758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1492; Project Identifier
MCAI-2023-00195-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#91e5f8fcfee5f9e8bfe1bff5fee6fdf8fff6d1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="295d4044465d41500759074d465e4540474e694f4848074e465f">[email protected]</span></a>. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The FAA issued AD 2022-18-09, Amendment 39-22160 (87 FR 56576,
September 15, 2022) (AD 2022-18-09), for certain Airbus SAS Model A319-
111, -112, -113, -114, -115, -131, -132, and -133; A320-211, -212, -
214, -216, -231, -232, -233, -251N, and -271N, and A321-111, -112, -
131, -211, -212, -213, -231, -232, -251N, and -253N airplanes. AD 2022-
18-09 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2022-0026, dated February 16, 2022, to correct an unsafe
condition.
AD 2022-18-09 continues to require the actions that were required
by AD 2019-26-11, Amendment 39-21022 (85 FR 6755, February 6, 2020) (AD
2019-26-11) and AD 2021-23-15, Amendment 39-21813 (86 FR 68894,
December 6, 2021) (AD 2021-23-15), and adds airplanes to the
applicability. The FAA issued AD 2022-18-09 to address potential
failure of the galley door and release of waste bins during a rejected
take-off or an emergency landing, and potential container detachment
from the galley under
[[Page 45116]]
certain forward loading conditions, possibly resulting in damage to the
airplane and injury to occupants.
Actions Since AD 2022-18-09 Was Issued
Since the FAA issued AD 2022-18-09, EASA superseded EASA AD 2022-
0026, dated February 16, 2022, and issued EASA AD 2023-0029, dated
February 1, 2023 (EASA AD 2023-0029) (also referred to as the MCAI), to
correct an unsafe condition for certain Airbus A318-111, A318-112,
A318-121, A318-122, A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, A319-133, A319-151N, A319-153N, A319-171N, A320-
211, A320-212, A320-214, A320-215, A320-216, A320-231, A320-232, A320-
233, A320-251N, A320-252N, A320-253N, A320-271N, A320-272N, A320-273N,
A321-111, A321-112, A321-131, A321-211, A321-212, A321-213, A321-231,
A321-232, A321-251N, A321-252N, A321-253N, A321-271N and A321-272N
airplanes. Model A320-215 airplanes are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this AD
therefore does not include those airplanes in the applicability. The
MCAI states that during a full-scale qualification test of Galley G5,
the door of the waste compartment opened before the required load was
reached. This event was determined to be the result of galley global
deflection. This condition, if not corrected, could lead to failure of
the galley door and release of waste bins during a rejected take-off or
an emergency landing, possibly resulting in damage to the airplane and
injury to occupants.
To address this potential unsafe condition, EASA issued AD 2018-
0255 (which corresponds to FAA AD 2019-26-11), requiring a modification
to the waste compartment door by installing a door catch bracket and a
new striker.
After that AD was issued, container/galley end stop bumpers were
found damaged in service, which could lead to container detachment from
the galley under certain forward loading conditions, possibly resulting
in injury to airplane occupants. EASA issued AD 2019-0106 (which
corresponds to FAA AD 2021-23-15) to require modification of the
affected galleys by replacing affected bumpers with serviceable
bumpers.
After those ADs were issued, it was determined that additional
airplanes may be subject to the unsafe condition, and EASA issued AD
2022-0026 (which corresponds to FAA AD 2022-18-09) and superseded EASA
ADs 2018-0255 and 2019-0106 (FAA AD 2022-18-09 superseded FAA ADs 2019-
26-11 and 2021-23-15).
Consequently, based on comments from operators and information from
the galley manufacturer, EASA determined that additional actions are
needed for galleys that were modified using non-Airbus-approved
modifications, that additional airplanes are subject to the unsafe
condition, and that the compliance time for Group 5 airplanes should be
extended.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1492.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2022-18-09, this proposed AD would retain all of the
requirements of AD 2022-18-09. Those requirements are referenced in AD
2022-18-09, which, in turn, is referenced in paragraph (g) of this
proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0029 specifies procedures for modifying the affected
galleys by replacing the affected bumpers with serviceable bumpers; for
modifying the waste compartment door of each affected galley by
installing a door catch bracket and a new striker, and for re-
identifying the affected galleys. For airplanes equipped with galleys
that were modified using non-Airbus-approved methods, EASA AD 2023-0029
specifies procedures for obtaining and accomplishing additional
instructions. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0029 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0029 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0029 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0029 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0029. Service information required by EASA AD 2023-0029 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1492
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,507 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-18- Up to 59 work-hours x $0 Up to $5,105....... Up to $5,476,380.
09. $85 per hour = Up to
$5,105.
----------------------------------------------------------------------------------------------------------------
[[Page 45117]]
The FAA has received no definitive data on which to base the cost
estimates for the obtaining and following additional instructions
action specified in this proposed AD.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-18-09, Amendment 39-22160
(87 FR 56576, September 15, 2022); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2023-1492; Project Identifier MCAI-2023-
00195-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.
(b) Affected ADs
This AD replaces AD 2022-18-09, Amendment 39-22160 (87 FR 56576,
September 15, 2022) (AD 2022-18-09).
(c) Applicability
This AD applies to the Airbus SAS airplanes specified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2023-0029, dated February 1, 2023 (EASA AD 2023-0029),
except where the Applicability of EASA AD 2023-0029 refers to
certain galleys, replace the text ``if equipped with a galley,''
with ``if delivered with a galley.''
(1) Model A318-111, -112, -121, and -122 airplanes.
(2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, -153N and -171N airplanes.
(3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
(4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, and -272N airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a report that during re-engineering of
galley G5, a 9G forward full scale qualification test was performed,
and the door of the waste compartment opened before the required
load was reached, and by reports of finding container/galley end
stop bumpers damaged in service. This AD was also prompted by the
determination that additional airplanes and galleys are subject to
the unsafe condition, and a compliance time for certain airplanes
should be extended. The FAA is issuing this AD to address potential
failure of the galley door and release of waste bins during a
rejected take-off or an emergency landing, and potential container
detachment from the galley under certain forward loading conditions,
possibly resulting in damage to the airplane and injury to
occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2023-0029.
(h) Exceptions to EASA AD 2023-0029
(1) Where EASA AD 2023-0029 specifies a compliance time of
``within 12 months after 11 December 2018 [the effective date of
EASA AD 2018-0255], ``this AD requires using ``within 12 months
after January 10, 2022 (the effective date of AD 2021-23-15), or
within 6 months after the effective date of this AD, whichever
occurs later.''
(2) Where EASA AD 2023-0029 refers to May 29, 2019 (the
effective date of EASA AD 2019-0106), this AD requires using March
12, 2020 (the effective date of AD 2019-26-11).
(3) Where EASA AD 2023-0029 specifies a compliance time of
``within 12 months after 02 March 2022 [the effective date of EASA
AD 2022-0026],'' this AD requires using ``within 12 months after
October 20, 2022 (the effective date of AD 2022-18-09), or within 6
months after the effective date of this AD, whichever occurs
later.''
(4) Where EASA AD 2023-0029 refers to its effective date, this
AD requires using the effective date of this AD.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0029.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#695044283f3a4428203b445e5a59442824262a290f0808470e061f"><span class="__cf_email__" data-cfemail="6f56422e393c422e263d42585c5f422e22202c2f090e0e41080019">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2022-18-09 are approved as
AMOCs for the corresponding provisions of EASA AD 2023-0029 that are
required by paragraph (g) of this AD.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's
[[Page 45118]]
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Timothy Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3667; email
<a href="/cdn-cgi/l/email-protection#3a4e5357554e5243144a145e554d5653545d7a5c5b5b145d554c"><span class="__cf_email__" data-cfemail="1e6a7773716a7667306e307a7169727770795e787f7f30797168">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0029,
dated February 1, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0029, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#5b1a1f281b3e3a283a753e2e29342b3a753e2e"><span class="__cf_email__" data-cfemail="87c6c3f4c7e2e6f4e6a9e2f2f5e8f7e6a9e2f2">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#284e5a0641465b584d4b5c4147466846495a49064f475e"><span class="__cf_email__" data-cfemail="90f6e2bef9fee3e0f5f3e4f9fffed0fef1e2f1bef7ffe6">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14878 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P
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